SAURABH SHYAM SHAMSHERY,J. - (1.)Applicants are facing trial arising out of First Information Report dtd. 17/7/1999, being Case Crime No. 438 of 1999 for allegedly committing offences under Ss. 420, 467, 468 IPC. After investigation charge sheet was filed on 18/11/2000 and cognizance was also taken. The applicants filed an application for discharge under Sec. 239 Cr.P.C. on 23/12/2021 which has been rejected by means of impugned order dtd. 9/3/2022.
(2.)Facts of the present case are that an election of Society, namely, "All India Muslim and Rehabilitation Education Society, Aligarh" was conducted on 15/3/1998 and applicants and others were declared office bearers of Society and Opposite Party No. 2 and others were defeated.
(3.)Dispute arose between elected and defeated office bearers of Society which led to filing a civil suit by applicants on 3/11/1998 against Opposite Party No. 2/ Complainant for permanent prohibitory injunction against Opposite Party No. 2 and its agents, servants, friends and associates, to restrain them for interfering in the functioning and management of plaintiffs (applicants herein). Opposite Party No. 2 (defendant in suit) initially not appeared in suit proceedings and approached the Magistrate by way of filing application dtd. 17/7/1999 under Sec. 156(3) Cr.P.C. and on the basis of direction passed by Magistrate concerned, First Information Report, referred above, was lodged alleging that applicants have committed forgery and cheating and a fraudulent election was conducted wherein presence of some of members was wrongly shown and even the signatures of members were forged. Investigation commenced and meanwhile in the suit proceedings by order dtd. 6/11/1998 an ex parte interim injunction was granted restraining Opposite Party No. 2 (defendant in suit) in the working of Society. Suit is still pending and presently it is at the stage of recording of evidence and defendants therein have also appeared. Meanwhile, investigation remained pending for one or another reason and finally charge sheet dtd. 18/11/2000 was filed against applicants for above referred offences. It appears that trial could not proceed due to one or other reason and finally the discharge application dtd. 23/12/2021 was filed, which was rejected by means of impugned order dated 09.03.20022.